Terms & Conditions

1. General
  • Customer means the other party (respectively parties) to this contract and includes any representative of the customer or any third party for whom the services may be performed at customer’s request.
  • Services means the specific services and supply of materials detailed in this contract and includes any other operations performed and materials supplied by AHakIS for customer.
  • Customer’s service site (“site”) means the installation, refinery, petrochemical plant or other industrial facility or pipeline spread on land or offshore platform or any premises to which AHakIS is granted access for the purpose of this contract and may include any combination of the foregoing.
  • Conditions apply to all our legal acts in respect of the purchase of goods and/or the procurement of services (hereinafter referred to as “the Service”). The terms and conditions of the customer are expressly excluded. Deviations from and/or additions to AHakIS’ general terms and conditions shall only be binding if and in so far as we have given our consent in writing.
  • AHakIS’ general terms and conditions are deemed to have been accepted by customer if these general terms and conditions have been placed in writing, per fax, or data file transfer, unless customer informs in writing, per fax or data file transfer within 8 work days of the date on which the proposal has been placed of its not accepting the proposal and attached Terms and Conditions.
  • AHakIS’ general terms and conditions, and any proposal/contract of which they form part, shall be subject to the jurisdiction of the Dutch Courts. Customer agrees that it occupies an equal bargaining position with AHakIS and that the respective rights and liabilities of the parties hereunder are reasonable and equitable based on the nature of the site and services to be performed. All disputes between parties will be submitted exclusively to the competent court in The Netherlands.

2. Purchase order
  • Equipment and personnel will only be planned and mobilized after receival of a purchase order.

3. Access to site and site conditions
  • It is hereby expressly agreed and acknowledged by the customer that the conditions in and about the site have not been created by AHakIS and that AHakIS has no means for determining the hazards and dangers existing on the site or to be encountered while performing the services and therefore AHakIS accepts this order only at the customer’s risk.
  • The customer shall at all time retain and is in complete charge and control of the site and accepts full responsibility for conditions on or around site and for all equipment including temporary pipework, hose connections or other connections furnished by AHakIS whether for use in connection with the services or not.
  • Customer is responsible for having the site ready and in suitable condition for AHakIS to proceed and, if relevant, for returning it to production. Any facilities to be provided and any preparatory work or materials for which customer is responsible shall meet AHakIS specification and shall be carried out to AHakIS’ satisfaction. Customer shall provide at its own expense adequate auxiliary services and labour which AHakIS may reasonably require including assistance in loading and unloading. Any person so engaged shall be deemed to be the servant or agent of the customer.- Customer shall ensure safe and adequate access for AHakIS to site and shall pay all the costs of transport necessary for AHakIS equipment, materials and personnel to or on site. This obligation includes the provision of properly made up and repaired roads and bridges and the provision of tractors, cranes, vessels or other special means of transportation as may be required in the circumstances.

4. Performance
  • General performance terms- Customer shall nominate a responsible representative, to be present throughout the service being carried out.
  • Customer shall also provide free accommodation for AHakIS personnel on offshore site and free transport for crew changes if the duration of the services so requires.
  • After signing the service tickets the ownership and risk of the specific part of the site on which the service was performed is handed over to the customer.

Warranty
  • AHakIS will endeavour to ensure that the services are properly performed and that all material and equipment used are reasonable fit for the purpose intended. Based on the conditions on the site, the nature of the service and the unpredictable environmental conditions in which the work is performed, results cannot be guaranteed.
  • AHakIS will endeavour to provide the services within the time limit specified but time shall not be of the essence of the contract and AHakIS accepts no liability whatsoever arising from delay in commencement or completion of the services due to reasons beyond the control of AHakIS. AHakIS is entitled to apply her charges to cover additional work done based on the contract of which these general Terms form part.

Safety
  • AHakIS will operate at all times under her own safety regulations according to the QHSE handbook certified SCC by a notified body. AHakIS reserves however the right to refrain from doing any work if in her opinion job conditions are unsafe. No liability is accepted by AHakIS if performance is affected by such conditions or circumstances of any kind whatsoever beyond the reasonable control of AHakIS.

5. Liabilities, releases and indemnification
  • Customer shall demonstrate if requested to do so and maintain suitable and sufficient insurance against its liabilities.
  • AHakIS only accepts liability for direct physical damage resulting from her gross negligence and that of her servants, agents or employees provided that the extent of AHakIS’ liability for such gross negligence shall be limited to the sum of Euro 5000,000.00 (five million €) or the proposal/contract price whichever is the lesser.
  • Should any of AHakIS’ equipment become lost, damaged or irrecoverable, customer shall pay for the accrued services performed up to the time of loss, in addition to assuming full responsibility for recovering lost or damaged equipment including all costs for such recovery and all repairs necessary for recovery: if not recoverable, customer shall pay for such lost equipment. Proper credit will be issued for any equipment subsequently recovered and returned to AHakIS.
  • Neither party shall be liable to the other for any indirect, special, punitive, exemplary or consequential damages or losses (whether foreseeable or not at the date of this agreement), including without limitation damages for lost production, lost revenue, lost product, lost profit, lost business or lost business opportunities.
  • AHakIS excludes all liability whatsoever arising from or in connection with the services or materials plant or equipment supplied therewith and howsoever caused including any liability for consequential loss or loss of profit and all conditions or warranties or other terms whether expressed or implied statutory or otherwise inconsistent with these conditions are hereby expressly excluded.-Customer shall release, indemnify, defend and hold AHakIS harmless from and against any and all claims asserted by or in favor of any person or party, resulting from damage to any reservoir, geological formation or underground strata or the loss of oil, water or gas therefrom, the use of radioactive tools or any contamination resulting therefrom (including but not limited to retrieval of containment and clean-up), pollution or contamination of any kind, including but not limited to the costs of control, removal and clean-up, or damage to, or escape of any substance from, any pipeline, vessel or storage facility.

6. Charges and payment terms
  • Day rates/hourly rates: day rates will be charged to the customer for every day that personnel has been working under the contract. The day rate will be charged for a full working day, or part thereof, this explicitly implies that the day rate is applicable to its full extend, regardless of the actual amount of hours worked. The day rate is applicable for all days worked, night, weekend, bank holidays etc. this without any % mark-up, unless otherwise defined in the proposal/contract.
  • Hourly rates will be charged to the customer for all actual hours worked under the contract, when and where the hourly rates can be charged (mob/demobilization/site/waiting) should be further detailed in the contract. In case of an hourly rate contract, overtime % will be applicable for, as a minimum, working at nights, shift after normal working hours, weekends and bank holidays. Actual % will be defined in the proposal/contract. In any case, and under all circumstances will the minimum charge be 6 hours at 100%, for every working day, regardless the actual amount of hours worked.
  • Personnel charges will commence when leaving the AHakIS base and cease upon re-arrival at the base. Personnel will work according to the Dutch Working Hours Act and/or local regulations. Final crew composition will depend on job profile, and customer requirements upon mobilization.- Medical cover of AHakIS’ personnel while on site will be dealt by customer.- All costs related to accommodation/lodging will be charged at cost +15% unless stated otherwise.- Equipment charges will commence when leaving the AHakIS base and cease upon re-arrival at the base unless stated otherwise in the proposal/contract. In the event there is a break in the programme and customer wishes to de-mobilize personnel and retain the equipment rigged up on location, the daily rate will apply. Daily charges are applicable when equipment is not in use or idling without personnel on location unless otherwise defined in the proposal/contract.
  • Diesel fuel and portable water required to run the operation, shall be provided by customer, if not charges will be at cost +15%. Nitrogen and chemicals will be supplied by AHakIS unless agreed otherwise based on the proposal/contract.
  • Mobilization of equipment will require a 7 days notice period.- All charges applicable will be invoiced at full rate on a 24 hour (daily) basis or part thereof. Within 48 hours after the service is finished. AHakIS is entitled to send an invoice on the agreed items. Jobs/operations exceeding 14 days will be invoiced every 14 days.
  • Service tickets, personnel timesheets, equipment schedules, daily operations reports and other source documents that clearly indicate quantities loaded, pumped or delivered will be signed by customer representative at least once a week.- Payment of the delivered service shall be effected within 30 days of the date of receipt of the invoice concerned. At AHakIS option for overdue invoices, interest may be charged at the rate of 10% per annum unless such rate contravenes local law in which case the interest charged will be the maximum allowed by law.

7. Confidentiality and patent
  • Any know-how or technical information given in AHakIS’ proposal and /or procedures or otherwise supplied or arising under or in connection with this proposal/contract shall be treated confidential by customer and shall not be communicated to any third party or used for any purpose other than for the purpose of this proposal/contract without the written consent of AHakIS unless and until the same is public knowledge or comes into possession of the customer bona fide from a third party.
  • AHakIS shall be entitled to the full and unrestricted right (including the right to apply for patent or other protection in her own name) to exploit any invention, technical information or know-how arising or developed in the course of carrying out services.

8. Cancellation
  • In the event customer cancels an order for services or equipment, customer shall be liable for all costs incurred by AHakIS in the mobilization/demobilization related thereto, and any other reasonable costs incurred by AHakIS incident to such cancellation. In addition, a restocking charge of at least twenty-five percent (25%) of the original order may be applied at AHakIS’ sole discretion.